756

Tests for Distinguishing Between Civil and Criminal
ContemptMechanical Distinction

A proceeding in criminal contempt is a separate and independent
proceeding at law from the main cause, with the public on one side and the
defendant on the other. Proceedings in civil contempt are usually between
the
original parties and are instituted and tried as part of the main cause or
as a
supplemental proceeding thereto. SeeBray v. United States,
423
U.S. 73 (1975); Gompers v. Bucks Stove and Range Co., 221 U.S.
418,
444-45 (1911).